Sentences with phrase «from constitutional»

Hillier and Reid, both members of the Conservative Party, cite recent cases from within their own jurisdictions of citizens who could have benefited from constitutional protection.

I respect that you've been in this field much longer than I have, but it doesn't take much experience to see that licensing boards restricting cross-state Telehealth are absolutely wrong — both from a Constitutional law perspective as well as a moral one.

About Blog Professor Jonathan Turley is a nationally recognized legal scholar who has written extensively in areas ranging from constitutional law to legal theory to tort law.

[n16] Since this interpretation of Swain has placed on defendants a crippling burden of proof, [n17] prosecutors» peremptory challenges are now largely immune [p93] from constitutional scrutiny.

About Site - Professor Jonathan Turley is a nationally recognized legal scholar who has written extensively in areas ranging from constitutional law to legal theory to tort law.

Mostly, the right of access to courts (which the parties tended to refer to as access to justice, although — as the provinces pointed out — access to justice involves many different things) was said to flow from the constitutional principle of the Rule of Law, which the Supreme Court has long recognized, albeit giving it a very narrow meaning.

Brianne Gorod from the Constitutional Accountability Center was counsel of record on the most amicus briefs this term with nine.

This provision ranks fundamental rights, as they result from the constitutional traditions common to Member States, among the general principles of EU law.

Does the social and cultural desirability of preserving historical landmarks through government regulation derogate from the constitutional requirement that just compensation be paid for private property taken for public use?

The Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of Community law.

This post will highlight four of Justice Martin's decisions that we have blogged on over the years, in areas ranging from constitutional and health law, to civil litigation and vexatious litigants, to bankruptcy law and oil and gas assets, to homicide and sexual assault law.

The 30 - minute interviews cover a wide range of fascinating topics, from constitutional questions about surveillance technology to the intellectual property implications of dance and hip - hop music.

2009), a publication designed to help corporate, tax and trial counsel and accountants deal with all aspects of state tax matters, from constitutional issues to the taxation of digital goods.

authority for the proposition that all statutes regulating commercial advertising are immune from constitutional challenge.

As with many states, there are a multitude of laws and tiers that make up Florida state law — everything ranging from constitutional, regulatory, to tort law — so it's no surprise...

Small but problematic amendments were hurried through Parliament and shielded from constitutional scrutiny in private members bills, and the parliamentary review process was gamed to suppress evidence that contradicted the government's agenda.

As with many states, there are a multitude of laws and tiers that make up Florida state law — everything ranging from constitutional, regulatory, to tort law — so it's no surprise to see the prevalence of Florida law blogs (or «blawgs,» as the ABA Journal likes to call them).

In so far as this Charter recognises fundamental rights as they result from the constitutional traditions common to the Member States, those rights shall be interpreted in harmony with those traditions.

It does, however, leave the door ajar to certain other challenges, ranging from constitutional due process issues associated with the AIA and PTAB procedures, to jurisdictional issues.

And it follows that prosecuting non-lawyers because they give legal advice to people who can not obtain lawyers at reasonable cost, and can not afford present unreasonable costs, is to bar the people so advised and aided by those non-lawyers from their constitutional rights under the Canadian Charter of Rights and Freedoms, in particular, s. 7 (fundamental justice), s. 11 (d)(fair trial), and s. 15 (equality rights).

From a constitutional perspective, it might be a little more tricky.

This results from the constitutional principle of democracy (Art. 20 (1) and (2) and Art. 79 (3) GG).

This the Court achieved by claiming that the principle of effective judicial protection constitutes a «a general principle of EU law stemming from the constitutional traditions common to the Member States», enshrined in Articles 6 and 13 of the ECHR and «reaffirmed» by Article 47 of the Charter (para. 35).

Ultimately the Court in Khadr offered a declaratory remedy to properly respect the prerogative powers of the executive, but noted that the executive is not exempt from constitutional scrutiny, even when exercising its common law powers under royal prerogative.

The draft Bill follows on from the Constitutional Reform Act 2005 in attempting to tidy up the overlaps between the executive, legislature and judiciary.

Essentially, the national court asks whether Simmenthal II applies to the ECHR now that article 6 (3) TEU states that «Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union's law».

Presumably they are safe from constitutional attack, though far in excess of the hearing fees in most cases, because they are not imposed by the state.

Kleinbard regularly represents government agencies, high public officials, and even entire branches of government in matters that run the gamut from constitutional litigation to criminal defense.

An obscure and often misunderstood corner of state government, the local mandate program derives from a Constitutional provision that prevents the Legislature from imposing requirements on cities, counties, school districts and other local jurisdictions without also providing the funds needed to cover the costs.

It makes sense for them to have gone on to high school at a charter where it is easier to dismiss ineffective teachers since that is what the case is about from a constitutional perspective.

In their eyes, the high performance of parochial schools relative to the public schools was damning, at least from a constitutional perspective.

Here, Scalia quotes from the constitutional scholar Alexander Bickel, who argued that a «racial quota derogates the human dignity and individuality of all to whom it is applied; it is invidious in principle as well as in practice.»

Second, by not identifying the designer as God, the intelligent design movement sought to immunize the position from constitutional scrutiny: The idea was to purge creationism of its overt religiosity, so that intelligent design could succeed where creation science failed.»

And the yes voters, 73 % of whom are apparently in the market for a second referendum within five years, might well reflect that all the commissions thus far — from the constitutional convention which delivered devolution through Labour's Calman commission updating the Scotland Act, to the latest Smith proposals, share one arresting component: all appear to have a built - in obsolescence — as the independence debate stubbornly refuses to shut down.

A May 5 referendum would also be in defiance of advice from constitutional experts.

Long had previously told me that she believed Roe v. Wade was a «horrible decision from a constitutional law standpoint,» and that «if Roe v. Wade were overturned tomorrow, nobody would even notice, because the states are legislating their own laws about abortion, completely independent.»

As well as going into some detail on matters from constitutional arrangements to confidence in the Labour Assembly Members seeking to step into Rhodri Morgan's shoes, the headline announcement to come out of this wealth of data was burgeoning support for the Welsh Conservatives and the utter collapse in that for Labour in Wales.

(Baker subsequently received funding from the Constitutional Research Council, the secretive organisation that gave the DUP more than # 425,000 for its Brexit campaign.)

The Force will not be intimidated by any individual, groups or institution, constituent or otherwise to abdicate from its constitutional responsibilities of protection of lives and property and due enforcement of the rule of law, and law and order across the Country.

«From what I can see, it appears that, the colour of this democracy is very different from the power of democracy we knew from 1982 to 1992 and also very different from the colour of the democracy we knew from the constitutional period of 1992 to 2000.»

A month after Baker took over the role, the group accepted a donation of # 6,500 from the Constitutional Research Council — the same secretive organisation which had previously funnelled a controversial # 435,000 to the DUP for their Brexit campaign, and which has repeatedly refused to disclose the source of this cash.

In 2003, a proposal to exempt small city school districts from constitutional debt limits failed, despite support from the influential teachers union.

Aside from a constitutional amendment to strip felons of their pensions, the only new attempt to regulate elected officials comes from a requirement that they close their campaign committees no later than two years after they die.

In a break from constitutional tradition, Mr Brown published for consultation a 50 - page list of draft bills outlining their main points.

Nearly 100 Capital District voters packed the auditorium at the Guilderland Public Library last Tuesday night for a panel discussion titled «Would New York State Benefit from a Constitutional Convention?»

Beating the Retreat: The Governments Flight from Constitutional Reform.

A final vote to convict may only come after receipt of a judgment from the Constitutional Court that «the acts, of which the President of Ukraine is accused, contain elements of treason or other crime.»

They have long memories in Buck House and they still smart from the constitutional crisis that ensued when the governor - general of Australia, John Kerr, dismissed the Labour administration of Gough Whitlam in 1975 and invited Liberal leader Malcolm Fraser to form a government.

Furthermore, I think if we deviate from the constitutional provisions, we might be endangering the fortunes of our party.

This is bound to be met with resistance from growing sections of the political spectrum and in some cases even from Constitutional courts.